Common use of Making the Advances Clause in Contracts

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in Dollars, by the Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, or by telephone confirmed immediately by telecopier, in substantially the form of Exhibit A hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing and (iv) in the case of a Borrowing comprised of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency).

Appears in 6 contracts

Samples: Credit Agreement (Walt Disney Co/), Credit Agreement (Walt Disney Co/), Credit Agreement (Walt Disney Co/)

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Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 10:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollarsany Major Currency, (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars or (z) 9:00 A.M. (New York City time) on the day of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower Company to the Designated Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Major Currency, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion (as determined in accordance with Section 2.01) of such Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower Company at the office where the Designated Administrative Agent’s Account is maintained (aforesaid address or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 6 contracts

Samples: Credit Agreement (Honeywell International Inc), Day Credit Agreement (Honeywell International Inc), Credit Agreement (Honeywell International Inc)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesBorrowing consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the any Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 5 contracts

Samples: Day Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.), Five Year Credit Agreement (At&t Inc.)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Revolving Credit Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the Borrower to the Designated Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or e-mail. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date and Facility of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and and, if a Revolving Credit Borrowing, currency for each such Advance. Each Appropriate Lender shallshall (1) before 11:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, (2) before 11:00 A.M. (ALondon time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency and (3) before 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBase Rate Advances, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 4 contracts

Samples: Credit Agreement (Science Applications International Corp), Credit Agreement (Science Applications International Corp), Credit Agreement (SAIC Gemini, Inc.)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in Dollars, by the Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopierin writing, or by telephone confirmed immediately by telecopierin writing, in substantially the form of Exhibit A hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing and (iv) in the case of a Borrowing comprised of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency).

Appears in 4 contracts

Samples: Credit Agreement (Walt Disney Co), Credit Agreement (Walt Disney Co), Credit Agreement (Walt Disney Co)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the any Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopierin writing. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, or by telephone confirmed immediately by telecopier, in writing in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 4 contracts

Samples: Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the applicable Borrower to the date Agent (and, in the case of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated in DollarsAdvances, by the Borrower simultaneously to the Designated Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the applicable Borrower at the office where the Designated Agent’s Account is maintained ('s address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 3 contracts

Samples: Credit Agreement (Omnicom Group Inc), Credit Agreement (Omnicom Group Inc), Year Credit Agreement (Omnicom Group Inc)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or email. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier or email in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 3:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (address referred to in Section 8.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 3 contracts

Samples: Credit Agreement (Juniper Networks Inc), Credit Agreement (Juniper Networks Inc), Credit Agreement (Juniper Networks Inc)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in Dollars, by the Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, or by telephone confirmed immediately by telecopier, in substantially the form of Exhibit A hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing and (iv) in the case of a Borrowing comprised of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency).

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Walt Disney Co/), Credit Agreement (Walt Disney Co/)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03, each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 3:00 P.M. (London time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Foreign Currency, or (z) 12:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Designated Administrative Agent (and, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Foreign Currency, simultaneously to the Sub-Agent), which shall give to each relevant Lender prompt notice thereof by telex or telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopiertelex or telecopier or e-mail, in each case in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Facility under which such Borrowing is requested, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing and (ivv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance, and (vi) in the case of a Borrowing consisting of Multicurrency Revolving Credit Advances, currency of such Advances. Each Lender with a Commitment in respect of the applicable Facility shall, before (A) 1:00 2:00 P.M. (New York City time) on the date of such Borrowing in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 Dollars, and before 3:00 P.M. (London time) on the date of such Borrowing in the case of a Borrowing consisting of Eurocurrency Advances denominated in any Committed Foreign Currency, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated applicable Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such BorrowingBorrowing in accordance with the respective Commitments of such Lender and the other Lenders in respect of the applicable Facility. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at by crediting the office where the Designated AgentBorrower’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of BorrowingAccount; provided, however, that in the case of any Borrowing under the U.S. Dollar Revolving Credit Facility, the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Line Advances denominated in a Committed Currency)and Letter of Credit Advances made by the Swing Line Bank or any Issuing Bank, as the case may be, and by any other Lender and outstanding on the date of such Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Line Bank or such Issuing Bank, as the case may be, and such other Lenders for repayment of such Swing Line Advances and Letter of Credit Advances.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Digital Realty Trust, L.P.), Revolving Credit Agreement (Digital Realty Trust, L.P.), Revolving Credit Agreement (Digital Realty Trust, Inc.)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the applicable Borrower to the date Agent (and, in the case of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated in DollarsAdvances, by the Borrower simultaneously to the Designated Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the applicable Borrower at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Omnicom Group Inc), Year Credit Agreement (Omnicom Group Inc)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Revolving Credit Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the Borrower to the Designated Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiere-mail. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, or by telephone confirmed immediately by telecopier, in writing in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date and Facility of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and and, if a Revolving Credit Borrowing, currency for each such Advance. Each Appropriate Lender shallshall (1) before 11:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, (2) before 11:00 A.M. (ALondon time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency and (3) before 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBase Rate Advances, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 2 contracts

Samples: Second Amendment (Science Applications International Corp), Credit Agreement (Science Applications International Corp)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesBorrowing consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (address referred to in Section 8.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (At&t Inc.), Year Credit Agreement (At&t Inc.)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Revolving Credit Borrowing or Term Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 11:00 A.M. (New York City time) on the fourth Business Day prior to the date of the proposed Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Revolving Credit Borrowing or Term Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the any Borrower to the Designated Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing and Borrowing, (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and (v) in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances, currency for each such Advance. Each Appropriate Lender shall, before (A) 1:00 2:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower specified in the relevant jurisdiction and designated by the Borrower wiring instructions in the applicable Notice of BorrowingBorrowing or, if no account is so specified, at the Agent’s address referred to in the case of Advances denominated in a Committed Currency)Section 9.02.

Appears in 2 contracts

Samples: Assignment and Assumption (Jabil Inc), Assignment and Assumption (Jabil Circuit Inc)

Making the Advances. (a) Each (i) Except as otherwise provided in Section 2.02(a)(ii), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. 10:00 a.m. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised consisting of Base Rate Advances, Advances and (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated Advances, in Dollars, each case by the Borrower Company to the Designated applicable Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or electronic mail. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be (x) in the case of delivery to the Pro Rata Administrative Agent, by electronic mail or telephone, confirmed immediately in writing by hand delivery or electronic mail and (y) in the case of delivery to the Term Loan B Administrative Agent, by telecopier or telephone, confirmed immediately in writing by hand delivery or telecopier, or by telephone confirmed immediately by telecopier, in each case in substantially the form of Exhibit A hereto, specifying therein the requested (iA) date of such Borrowing (which shall be a Business Day)Borrowing, (iiB) Facility of such Borrowing, (C) Type of Advances comprising such Borrowing, (iiiD) aggregate amount of such Borrowing Borrowing, and (ivE) in the case of a Borrowing comprised of Eurocurrency Rate Advances, the initial Interest Period and currency for each such Advance. The Company may, subject to the conditions herein provided, borrow more than one Borrowing on any Business Day. Each Appropriate Lender shall, before (A) 1:00 P.M. p.m. (New York City time) in the case of a Borrowing consisting of Base Rate Advances or before 11:00 a.m. (New York City time) in the case of a Borrowing consisting of Eurocurrency Rate Advances, in each case on the requested date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBorrowing, make available for the account of its Applicable Lending Office to the Designated applicable Agent at the Designated Agent’s Accountits applicable address referred to in Section 9.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon Upon fulfillment of the applicable conditions set forth in Article IIISection 3.01, 3.02 or 3.03, as applicable, the Designated applicable Agent will make such funds available to the Borrower at Company in like funds as received by the office where applicable Agent either by (1) crediting the Designated Agent’s Account is maintained (or to an account of the Borrower Company on the books of the applicable Agent with the amount of such funds or (2) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the relevant jurisdiction and designated applicable Agent by the Borrower in Company; provided, however, that if the applicable Notice Company has an outstanding Swing Line Advance at the time of a requested Borrowing of Revolving Loan Advances, the Pro Rata Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Line Advances made to the Company by the Swing Line Banks or held by any other Lender and outstanding on the date of such Borrowing, in plus interest accrued and unpaid thereon to and as of such date, available to the case Swing Line Banks and such other Lenders for repayment of Advances denominated in a Committed Currency)such Swing Line Advances.

Appears in 2 contracts

Samples: Credit Agreement (CSRA Inc.), Credit Agreement (CSRA Inc.)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Euros, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third first Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Base Rate Advances, by any Borrower to the Agent (and, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in DollarsAdvances, by the Borrower simultaneously to the Designated Sub-Agent), which shall give to each Lender prompt notice thereof by telecopiertelecopier or facsimile. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelephone, or by telephone confirmed immediately in writing, by telecopier, telecopier or facsimile in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount and currency of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such AdvancePeriod. Each Lender shall, before (A) 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed CurrencyEuros, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained ('s address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Cytec Industries Inc/De/), Five Year Credit Agreement (Cytec Industries Inc/De/)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency RateTerm SOFR Advances denominated in Dollars, (y) 4:00 P.M. (London time) on the thirdfifth Business Day prior to the date of the proposed Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances or Daily Simple XXXXX Advances denominated in any anythe respective Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Revolving Credit Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the Borrower to the Designated Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiere-mail. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, or by telephone confirmed immediately by telecopier, in writing in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date and Facility of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Term SOFR Advances and/or Eurocurrency Rate Advances, initial Interest Period and and, if a Revolving Credit Borrowing, currency for each such Advance. Each Appropriate Lender shallshall (1) before 11:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency RateTerm SOFR Advances denominated in Dollars, (2) before 11:00 A.M. (ALondon time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances or Daily Simple XXXXX Advances denominated in any Committed Currency and (3) before 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBase Rate Advances, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 2 contracts

Samples: Credit Agreement (Science Applications International Corp), Credit Agreement (Science Applications International Corp)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (xi)(x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior (or the second Business Day prior for any Borrowing on the Effective Date) to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 1:00 P.M. (London time) on the fourth Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency or (ii) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the any Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Revolving Borrowing”) shall be by telecopierin writing, via email or by telephone confirmed immediately by telecopier, in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, the initial Interest Period and the currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 2 contracts

Samples: Credit Agreement (International Flavors & Fragrances Inc), Credit Agreement (International Flavors & Fragrances Inc)

Making the Advances. (a) Each Borrowing Revolving Credit Borrowing, each conversion of Revolving Credit Advances from one Type to the other, and each continuation of Eurocurrency Rate Advances shall be made on noticeupon the applicable Borrower’s irrevocable notice to the Agent, which may be given by (x) telephone or (y) a Committed Advance Notice; provided that any telephonic notice must be confirmed immediately by delivery to the Agent of a Committed Advance Notice. Each such Committed Advance Notice must be received by the Agent not later than 11:00 a.m. (xi) 11:00 A.M. (New York City time) on the same three Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day Days prior to the requested date of a proposed any Borrowing comprised of, conversion to or continuation of Eurocurrency Rate Advances denominated in Dollars or of any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised conversion of Eurocurrency Rate Advances denominated in DollarsDollars to Base Rate Advances, by the Borrower (ii) four Business Days prior to the Designated Agentrequested date of any Borrowing or continuation of Eurocurrency Rate Advances denominated in Alternative Currencies, which shall give to each Lender prompt notice thereof by telecopierand (iii) on the requested date of any Borrowing of Base Rate Advances. Each such notice Borrowing of, conversion to or continuation of Eurocurrency Rate Advances shall be in a minimum principal amount of $5,000,000. Except as provided in Sections 2.02(c), 2.03(c) and 2.04(c), each Borrowing of or conversion to Base Rate Advances shall be in a minimum principal amount of $1,000,000. Each Committed Advance Notice (a “Notice of Borrowing”whether telephonic or written) shall be by telecopier, or by telephone confirmed immediately by telecopier, in substantially the form of Exhibit A hereto, specifying therein the requested specify (i) whether the applicable Borrower is requesting a Revolving Credit Borrowing, a conversion of Revolving Credit Advances from one Type to the other, or a continuation of Eurocurrency Rate Advances, (ii) the requested date of such Borrowing the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (iiiii) the principal amount of Advances to be borrowed, converted or continued, (iv) the Type of Advances comprising such to be borrowed or to which existing Revolving Credit Advances are to be converted, (v) if applicable, the duration of the Interest Period with respect thereto and (vi) the currency of the Revolving Credit Advances to be borrowed. If a Borrower fails to specify a currency in a Committed Advance Notice requesting a Revolving Credit Borrowing, (iii) aggregate amount then the Revolving Credit Advances so requested shall be made in Dollars. If a Borrower fails to specify a Type of such Borrowing and (iv) Advance in a Committed Advance Notice or if a Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Revolving Credit Advances shall be made as, or converted to, Base Rate Advances; provided, however, that in the case of a failure to timely request a continuation of Revolving Credit Advances denominated in an Alternative Currency, such Revolving Credit Advances shall be continued as Eurocurrency Rate Advances in their original currency with an Interest Period of one month. Any such automatic conversion to Base Rate Advances shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurocurrency Rate Advances. If a Borrower requests a Borrowing comprised of, conversion to, or continuation of Eurocurrency Rate AdvancesAdvances in any such Committed Advance Notice, initial but fails to specify an Interest Period, it will be deemed to have specified an Interest Period and currency for each such Advanceof one month. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars No Revolving Credit Advance may be converted into or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances continued as a Revolving Credit Advance denominated in a Committed Currency)different currency, but instead must be prepaid in the original currency of such Revolving Credit Advance and reborrowed in the other currency.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Gap Inc), Assignment and Acceptance (Gap Inc)

Making the Advances. (a) Each (i) Except as otherwise provided in Section 2.02(a)(ii), each Borrowing shall be made on notice, given not later than (x) 11:00 10:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised consisting of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated in US Dollars, Sterling, Yen or Euro and (z) 10:00 A.M. (Hong Kong time) on the fifth Business Day prior to the date of a proposed Borrowing consisting of Eurocurrency Rate Advances denominated in Singapore Dollars or Australian Dollars, in each case by the applicable Borrower to the Designated Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelecopier or telephone, or by telephone confirmed immediately in writing by hand delivery or telecopier, in substantially the form of Exhibit A hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Facility and currency of such Borrowing, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised of Eurocurrency Rate Advances, the initial Interest Period and currency for each such Advance. Any Borrower may, subject to the conditions herein provided, borrow more than one Borrowing on any Business Day. Each Appropriate Lender shall, before (A) 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances, before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in US Dollars, Sterling, Yen or Euro or before 10:00 A.M. (Hong Kong time) in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Singapore Dollars or Australian Dollars, in each case on the requested date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBorrowing, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated Agent’s Accountits applicable address referred to in Section 9.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon Upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Designated Agent will make such funds available to the applicable Borrower at in like funds as received by the office where Agent either by (i) crediting the Designated Agent’s Account is maintained (or to an account of such Borrower on the books of the Agent with the amount of such funds or (ii) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Agent by such Borrower; provided, however, that, if such Borrowing is denominated in US Dollars, Sterling or Euro and requested by a Borrower with an outstanding Swing Line Advance, the Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Line Advances made to such Borrower in the relevant jurisdiction and designated such currency by the Borrower in Swing Line Banks or held by any other Lender and outstanding on the applicable Notice date of such Borrowing, in plus interest accrued and unpaid thereon to and as of such date, available to the case Swing Line Banks and such other Lenders for repayment of Advances denominated in a Committed Currency)such Swing Line Advances.

Appears in 1 contract

Samples: Credit Agreement (Computer Sciences Corp)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Computer Associates Credit Agreement 12 Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the Borrower to the Designated Agent (and, in the case of a Borrowing consisting of Eurocurrency Rate Advances, simultaneously to the Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Designated Agent will make such funds available to the Borrower in same day funds on the date of such Borrowing at the office where the Designated Agent’s Account is maintained (address referred to in Section 8.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (Computer Associates International Inc)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third second Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of LIBO Rate Advances denominated in any Committed Currency or (zy) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the Borrower to the Designated AgentAdministrative Agent by telecopier or other electronic transmission, which shall give to each Lender prompt notice (in the case of a proposed Borrowing consisting of Base Rate Advances, by 12:00 P.M. (New York City time)) thereof by telecopiertelecopier or other electronic transmission. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly in writing, telecopier or by telephone confirmed immediately by telecopier, other electronic transmission in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency LIBO Rate Advances, initial Interest Period and currency for each such Advance. Each Lender 921 shall, before 11:00 A.M. (ANew York City time) on the date of such Borrowing, in the case of a Borrowing consisting of LIBO Rate Advances and before 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBase Rate Advances, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated applicable Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, Section 4.2 the Designated Administrative Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower specified in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency).

Appears in 1 contract

Samples: Term Loan Agreement (Royal Caribbean Cruises LTD)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 5:00 P.M. (New York City time) on the third Business Day prior to the date Funding Date in the case of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 5:00 P.M. (New York City time) on the third Business Day prior to the Funding Date in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 11:00 A.M. (New York City time) on the Funding Date in the case of a Borrowing consisting of Base Rate Advances (which Borrowing may only be denominated in Dollars), by the applicable Borrower to the Designated Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier or telex in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)the Funding Date) and identity of the applicable Borrower, (ii) Type and Currency of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, the initial Interest Period and currency for each such AdvanceCurrency. Each Lender shall, before (Ax) 1:00 P.M. 11:00 A.M. (London time) on the Funding Date in the case of a Borrowing denominated in any Committed Currency and (y) 11:00 A.M. (New York City time) on the date Funding Date in the case of such a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyDollars, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such each Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated that requested such Advances via wire transfer as directed by the such Borrower in the applicable Notice of Borrowing, provided that (A) if the Funding Date occurs before December 27, 2007, the proceeds thereof shall be disbursed to the Escrow Agent pursuant to the terms of the Escrow Agreement, and (B) in all other cases, the case proceeds of Advances denominated in a Committed Currency)the applicable Borrowing shall be disbursed to the Notary.

Appears in 1 contract

Samples: Credit Agreement (PPG Industries Inc)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 3:00 P.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised (in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars), given not later than 3:00 P.M. (New York City time) on the fourth Business Day prior to the date of the proposed Borrowing (in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in a Committed Currency), or given not later than 1:00 P.M. (New York City time) on the Business Day of the proposed Borrowing (in the case of a Borrowing consisting of Base Rate Advances), by the Borrower to the Designated Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertransmission by facsimile or electronic communication. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, transmission by facsimile or by telephone confirmed immediately by telecopierelectronic communication, in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, currency and initial Interest Period and currency for each such Advance. Each Lender shall, (i) in the case of a Borrowing denominated in Dollars, before (A) 1:00 2:00 P.M. (New York City time) on the date of such Borrowing, (ii) in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars Sterling or Euros, before 9:00 A.M. (B) 1:00 P.M. (London New York City time) on the date of such Borrowing or (iii) in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed CurrencyYen, before 3:00 P.M. (New York City time) on the Business Day prior to such Borrowing, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at the office where address of the Designated applicable Agent’s Account is maintained (or to an account Account. Each Notice of Borrowing shall be irrevocable and binding on the Borrower except to the extent conditioned upon the occurrence or non-occurrence of any event specified therein, in the relevant jurisdiction and designated which case such notice may, subject to any amounts payable under Section 8.04(c), be revoked by the Borrower in (by notice to the applicable Notice of Borrowing, in Administrative Agent on or prior to the case of Advances denominated in a Committed Currency)specified effective date) if such condition is not satisfied.

Appears in 1 contract

Samples: Credit Agreement (Becton Dickinson & Co)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the Borrower to the Designated Agent (and, in the case of a Borrowing consisting of Eurocurrency Rate Advances, simultaneously to the Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Designated Agent will make such funds available to the Borrower in same day funds on the date of such Borrowing at the office where the Designated Agent’s Account is maintained (address referred to in Section 8.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (Ca, Inc.)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in Dollars, by the Borrower to the Designated Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”"NOTICE OF BORROWING") shall be by telecopier, or by telephone telephone, confirmed immediately by telecopier, in substantially the form of Exhibit A hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated Administrative Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at the office where the Designated Administrative Agent’s 's Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)maintained.

Appears in 1 contract

Samples: Credit Agreement (Walt Disney Co/)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 12:00 noon (New York City time) on the fourth Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the any Borrower to the Designated Agent (and, in the case of a Borrowing consisting of Eurocurrency Rate Advances, simultaneously to the Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars or (B) 1:00 Dollars, before 2:00 P.M. (London New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Base Rate Advances, and before 9:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (Xerox Corp)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third second Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of LIBO Rate Advances denominated in any Committed Currency or (zy) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the Borrower to the Designated AgentAdministrative Agent by telecopier or other electronic transmission, which shall give to each Lender prompt notice (in the case of a proposed Borrowing consisting of Base Rate Advances, by 12:00 P.M. (New York City time)) thereof by telecopiertelecopier or other electronic transmission. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly in writing, telecopier or by telephone confirmed immediately by telecopier, other electronic transmission in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency LIBO Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before 11:00 A.M. (ANew York City time) on the date of such Borrowing, in the case of a Borrowing consisting of LIBO Rate Advances and before 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBase Rate Advances, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated applicable Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, Section 4.2 the Designated Administrative Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower specified in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency).

Appears in 1 contract

Samples: Term Loan Agreement (Royal Caribbean Cruises LTD)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency or Dollars, (zy) 1:00 P.M. 11:00 A.M. (New York City time) on the third fifth Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in DollarsSterling, or (z) 9:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Designated Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelephone, or by telephone confirmed immediately in writing, and signed by telecopier, a duly authorized officer of the Borrower in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, the initial Interest Period and currency for each whether such AdvanceAdvance shall be in Dollars or in Sterling. Each Lender shall, before (A) 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBorrowing, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated applicable Administrative Agent’s 's Account, in same day fundsSame Day Funds, such Lender’s ratable portion 's Pro Rata Share of such Borrowing. After the Designated Agent’s Administrativx Xxxxt's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at the office where the Designated Administrative Agent’s Account is maintained (or 's address referred to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)Section 8.02.

Appears in 1 contract

Samples: Five Year Credit Agreement (Amvescap PLC/London/)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same second Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by any Borrower to the date Agent (and, in the case of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated in DollarsAdvances, by the Borrower simultaneously to the Designated Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly in writing or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained ('s address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (Chemtura CORP)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the Borrower to the Designated Agent (and, in the case of a Borrowing consisting of Eurocurrency Rate Advances, simultaneously to the Sub-Agent), which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier or telex in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower in same day funds on the date of such Borrowing at the office where the Designated Agent’s Account is maintained ('s address referred to in Section 8.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (Computer Associates International Inc)

Making the Advances. (a) (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in Dollars, by the Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelecopierin writing, or by telephone confirmed immediately by telecopiertelecopierin writing, in substantially the form of Exhibit A A-1 hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing and (iv) in the case of a Borrowing comprised of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIIV, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency).

Appears in 1 contract

Samples: Credit Agreement (Walt Disney Co/)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the any Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained ('s address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (At&t Inc.)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by any Borrower to the date Agent (and, in the case of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated in DollarsAdvances, by the Borrower simultaneously to the Designated Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained ('s address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Five Year Credit Agreement (Electronic Data Systems Corp /De/)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 10:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollarsany Major Currency, (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars or (z) 9:00 A.M. (New York City time) on the day of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower Company to the Designated Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Major Currency, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated applicable Agent’s AccountOffice, in same day funds, such Lender’s ratable portion (as determined in accordance with Section 2.01) of such Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower Company at the office where the Designated Administrative Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)aforesaid address.

Appears in 1 contract

Samples: Day Credit Agreement (Honeywell International Inc)

Making the Advances. (a) (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in Dollars, by the Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelecopierin writing, or by telephone confirmed immediately by telecopiertelecopierin writing, in substantially the form of Exhibit A hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing and (iv) in the case of a Borrowing comprised of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency).

Appears in 1 contract

Samples: Credit Agreement (Walt Disney Co/)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by any Borrower to the date Agent (and, in the case of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated in DollarsAdvances, by the Borrower simultaneously to the Designated Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained ('s address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (Xerox Corp)

Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing shall be made on notice, given not later than (xv) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances under the Working Capital A Facility or the Working Capital B-1 Facility, (yw) 11:00 A.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency under the Working Capital B-2 Facility or the Italian Facility, (zx) 1:00 P.M. 11:00 A.M. (New York City time) on the third Canadian Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated under the Canadian Facility, (y) 11:00 A.M. (New York City time) on the first Canadian Business Day prior to the date of the proposed Borrowing in Dollarsthe case of a Borrowing consisting of Canadian Base Rate Advances or Canadian Prime Rate Advances or (z) 11:00 A.M. (New York City time) on the first Business Day prior to the date of the proposed Borrowing (or, if the Swing Line Bank shall, in its sole discretion, decline to make a Swing Line Advance on the date of the proposed Borrowing after a request therefor by a Borrower pursuant to Section 2.01(g) or (h), the date of the proposed Borrowing) in the case of a Borrowing consisting of Base Rate Advances, by the any Borrower to the Designated Agent, which shall give to each Appropriate Lender prompt notice thereof by telex or telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telex or telecopier, in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing and (ivv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Appropriate Lender shall, (x) before (A) 1:00 P.M. 11:00 A.M. (New York City time), in the case of a Borrowing under the Working Capital A Facility, Working Capital B-1 Facility or Canadian Facility and (y) before 11:00 (London time), in the case of a Borrowing under the Working Capital B-2 Facility or Italian Facility, in each case, on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBorrowing, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such BorrowingBorrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. If for any reason set forth in Section 2.13, any Lender is unable to make, maintain or fund any Eurocurrency Rate Advance, such Lender shall make available for the account of its Applicable Lending Office to the Agent at the applicable Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders; provided, however, such Lender shall make such Eurocurrency Rate Advance available in US Dollars or such other currency as such Lender and the applicable Borrower may agree upon. After the Designated Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the relevant Borrower by crediting the relevant Borrower's Account or at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (Crompton & Knowles Corp)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. 12:00 Noon (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Adjusted Term SOFR Advances, not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Adjusted DSS Advances or not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the Borrower to the Designated Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopiertelecopier or e‑mail, in each case in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Adjusted Term SOFR Advances, the initial Interest Period and currency for each such Advance. Each Lender shall, before 12:00 Noon (ANew York City time) on the date of such Borrowing in the case of a Borrowing consisting of Adjusted Term SOFR Advances, 1:00 P.M. (New York City time) on the date of such Borrowing in the case of a Borrowing consisting of Adjusted DSS Advances denominated in Dollars or (B) and 1:00 P.M. (London New York City time) on the date of such Borrowing in the case of a Borrowing consisting of Advances denominated in any Committed CurrencyBase Rate Advances, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated Administrative Agent’s Account, in same day funds, such LenderXxxxxx’s ratable portion of such BorrowingBorrowing in accordance with the respective Commitments of such Lender and the other Lenders. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at by crediting the office where the Designated AgentBorrower’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)Account.

Appears in 1 contract

Samples: Term Loan Agreement (Easterly Government Properties, Inc.)

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Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised consisting of Base Rate Advances, Advances and (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances denominated in DollarsAdvances, by the Borrower to the Designated Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be sent by telecopier, or by telephone confirmed immediately by telecopierin writing, in substantially the form of Exhibit A D hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised of Eurocurrency Eurodollar Rate Advances, the initial Interest Period and currency for each such Advance. The Borrower may, subject to the conditions herein provided, borrow more than one Borrowing on any Business Day. Each Lender shall, before (A) 1:00 2:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBorrowing, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated Agent’s Accountits address referred to in Section 8.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at the office where the Designated Administrative Agent’s Account is maintained aforesaid address. Anything in subsection (or a) above to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency).contrary notwithstanding,

Appears in 1 contract

Samples: Credit Agreement (Hormel Foods Corp /De/)

Making the Advances. (a) Each Borrowing shall be made on noticenotice by the Company (or, if such Borrower is a Borrowing Subsidiary, by the Company on behalf of such Borrowing Subsidiary) to the Administrative Agent (which shall give each Bank prompt notice thereof by telecopy), given not later than 10:00 a.m. (x) 11:00 A.M. (New York City Chicago time) on the same Business Day as (i) the date of a proposed Borrowing comprised of Base Rate Advances, (yii) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances to be denominated in any Committed Currency or U.S. Dollars, and (ziii) 1:00 P.M. (New York City time) on the third fourth Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances to be denominated in Dollars, by the Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopieran Alternative Currency. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelecopy, or by telephone confirmed immediately by telecopierin writing, in substantially the form of Exhibit A D hereto, specifying therein (A) the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (iiB) the Type of Advances comprising such Borrowing, which, in the case of a Borrowing denominated in an Alternative Currency, shall be Eurocurrency Rate Advances, (iiiC) the currency for such Borrowing, which shall be in U.S. Dollars or an Alternative Currency, (D) the aggregate amount of such Borrowing and (ivexpressed in the requested currency), (E) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, the initial Interest Period for the Advances comprising such Borrowing, and currency for (F) whether such Borrowing is to be made by the Company or by a specified Borrowing Subsidiary. The Administrative Agent shall, promptly after such time as the Company or such Borrower may no longer revoke the Notice of Borrowing without any liability to the Banks, notify each such AdvanceBank and the Company of the applicable interest rate under Section 2.07(a) or (b). Each Lender Bank shall, before 12:00 p.m. (A) 1:00 P.M. (New York City Chicago time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBorrowing, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated Administrative Agent’s Account's Domestic Lending Office, in same day federal or otherwise immediately available funds, such Lender’s ratable portion Bank's Pro Rata Share of such Borrowing. After the Designated Agent’s receipt of Administrative Agent receives such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the applicable Borrower at the office where the Designated Administrative Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)'s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Donnelley Enterprise Solutions Inc)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same second Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by any Borrower to the date Agent (and, in the case of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated in DollarsAdvances, by the Borrower simultaneously to the Designated Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly in writing or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (Chemtura CORP)

Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing shall be made on noticenotice by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telex or telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) in respect of a Eurodollar Rate Advance shall be given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and each Notice of Borrowing in respect of a proposed Borrowing comprised of Eurocurrency Base Rate Advances denominated in Dollars, by Advance shall be given not later than 1:00 P.M. (New York City time) on the Borrower Business Day immediately prior to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopierdate of the proposed Borrowing. Each such notice of a Borrowing (a “Notice of Borrowing”) Borrowing shall be by telecopiertelephone, confirmed immediately in writing, or by telephone electronic mail (containing the Notice of Borrowing as an electronic attachment containing a hand-written signature, confirmed immediately by telephone or telecopier) or telecopier, in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances Advance comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing and (ivv) in the case of a Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, initial Interest Period and currency for each such Advance. Each Appropriate Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBorrowing, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such BorrowingBorrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at by crediting the office where the Designated AgentBorrower’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of BorrowingAccount; provided, however, that, in the case of any Revolving Credit Borrowing, the Administrative Agent shall first apply such funds to prepay ratably the aggregate principal amount of any Swing Line Advances denominated in a Committed Currency)and Letter of Credit Advances outstanding at such time, together with interest accrued and unpaid thereon to and as of such date.

Appears in 1 contract

Samples: Credit Agreement (Grubb & Ellis Co)

Making the Advances. (a) Making the Revolving Advances. (i) (A) Each Revolving Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time), (w) on in the same Business Day as the date case of a proposed Borrowing comprised of Base Eurodollar Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised Revolving Borrowing, (x) in the case of Eurocurrency Base Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) Advances, on the third day of the proposed Revolving Borrowing, (y) in the case of Canadian Prime Rate Advances, on the Business Day prior to the date of a the proposed Borrowing comprised Revolving Borrowing, or (z) in the case of Eurocurrency Rate Advances denominated BA Advances, in Dollarsaccordance with Section 2.16, by the applicable Borrower to the Designated Administrative Agent, which shall give to each appropriate Lender prompt notice thereof by telecopier. Each such notice of a Revolving Borrowing (a “Notice of Revolving Borrowing”) shall be by telecopiertelephone, or by telephone confirmed immediately by telecopierin writing, in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (iI) date of such Borrowing (which shall be a Business Day)Revolving Borrowing, (iiII) Type of Revolving Advances comprising such Revolving Borrowing, (iiiIII) aggregate amount of such Borrowing and Revolving Borrowing, (ivIV) in the case of a Borrowing comprised of Eurocurrency Eurodollar Rate AdvancesAdvance, initial Interest Period and currency for each such Revolving Advance and (V) in the case of a Canadian Advance, the applicable Borrower and the currency in which such Canadian Advance is to be made. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Revolving Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at Administrative Agent, in the Designated Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Revolving Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent Administrative Agent, as applicable, will make such funds available to the applicable Borrower at the office where the Designated Administrative Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)address set forth on Schedule 10.02.

Appears in 1 contract

Samples: Credit Agreement (Olin Corp)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the applicable Borrower to the date Agent (and, in the case of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated in DollarsAdvances, by the Borrower simultaneously to the Designated Sub-Agent), which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier or telex in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the applicable Borrower at the office where the Designated Agent’s Account is maintained ('s address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Year Credit Agreement (Omnicom Group Inc)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (xi)(x) 11:00 A.M. (New York City time) on the same third U.S. Government Securities Business Day as prior (or the second Business Day prior for any Borrowing on the Effective Date) to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of EurocurrencyTerm Benchmark Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 1:00 P.M. (London time) on the third fourth Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of EurocurrencyTerm Benchmark Rate Advances denominated in any Committed Currency or (zii) 1:00 P.M. 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the any Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Revolving Borrowing”) shall be by telecopierin writing, via email or by telephone confirmed immediately by telecopier, in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency EurocurrencyTerm Benchmark Rate Advances, the initial Interest Period and the currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of EurocurrencyTerm Benchmark Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such LenderXxxxxx’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (International Flavors & Fragrances Inc)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in Dollars, by the Borrower to the Designated Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, or by telephone telephone, confirmed immediately by telecopier, in substantially the form of Exhibit A hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at the office where the Designated Administrative Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)maintained.

Appears in 1 contract

Samples: Year Credit Agreement (Walt Disney Co/)

Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised of Eurocurrency Rate Advances denominated in Dollars, by the Borrower to the Designated Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telex or telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”"NOTICE OF BORROWING") shall be by telecopiertelephone, confirmed immediately in writing, or by telephone electronic mail (containing the Notice of Borrowing as an electronic attachment containing a hand-written signature, confirmed immediately by telephone or telecopier) or telecopier, in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances Advance comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing and (ivv) in the case of a Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, initial Interest Period and currency for each such Advance. Each Appropriate Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBorrowing, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated Administrative Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such BorrowingBorrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Designated Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at by crediting the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of BorrowingBorrower's Account; provided, however, that, in the case of any Revolving Credit Borrowing, the Administrative Agent shall first apply such funds to prepay ratably the aggregate principal amount of any Swing Line Advances denominated in a Committed Currency)and Letter of Credit Advances outstanding at such time, together with interest accrued and unpaid thereon to and as of such date.

Appears in 1 contract

Samples: Credit Agreement (Grubb & Ellis Co)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 10:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollarsany Major Currency, (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars or (z) 9:00 A.M. (New York City time) on the day of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower Company to the Designated Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyDollars, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency).before

Appears in 1 contract

Samples: Day Credit Agreement (Honeywell International Inc)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 12:00 noon NYDOCS02/1129523.1 (New York City time) on the fourth Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the any Borrower to the Designated Agent (and, in the case of a Borrowing consisting of Eurocurrency Rate Advances, simultaneously to the Sub-Agent), which shall give to each Lender prompt notice thereof by telecopiertelecopier or email. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier or email in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars or (B) 1:00 Dollars, before 2:00 P.M. (London New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Base Rate Advances, and before 9:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (Xerox Corp)

Making the Advances. (a) Making the Term Loans and Revolving Advances. (i) (A) Each Term Loan Borrowing and each Revolving Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time), (w) on in the same Business Day as the date case of a proposed Borrowing comprised of Base Eurodollar Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised Revolving Borrowing, (x) in the case of Eurocurrency Base Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) Advances, on the third day of the proposed Revolving Borrowing, (y) in the case of Canadian Prime Rate Advances, on the Business Day prior to the date of a the proposed Borrowing comprised Revolving Borrowing, or (z) in the case of Eurocurrency Rate Advances denominated BA Advances, in Dollarsaccordance with Section 2.16, by the applicable Borrower to the Designated Administrative Agent, which shall give to each appropriate Lender prompt notice thereof by telecopier. Each such notice of a Term Loan Borrowing or Revolving Borrowing (as applicable, a “Notice of Borrowing”) shall be by telecopiertelephone, or by telephone confirmed immediately by telecopierin writing, in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (iI) date of such Term Loan Borrowing (which shall be a Business Day)or Revolving Borrowing, (iiII) Type of Advances comprising such Term Loan Borrowing or Revolving Borrowing, (iiiIII) aggregate amount of such Term Loan Borrowing and or Revolving Borrowing, (ivIV) in the case of a Borrowing comprised of Eurocurrency Eurodollar Rate AdvancesAdvance, initial Interest Period and currency for each such Term Loan or Revolving Advance and (V) in the case of a Canadian Advance, the applicable Borrower and the currency in which such Canadian Advance is to be made. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Term Loan Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Revolving Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at Administrative Agent, in the Designated Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Term Loan Borrowing or Revolving Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent Administrative Agent, as applicable, will make such funds available to the applicable Borrower at the office where the Designated Administrative Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)address set forth on Schedule 10.02.

Appears in 1 contract

Samples: Credit Agreement (Olin Corp)

Making the Advances. (a) Each Borrowing shall be made ------------------- on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in Dollars, by the Borrower to the Designated Administrative Agent (and, in the case of a Borrowing consisting in Eurocurrency Rate Advances denominated in any Committed Currency, simultaneously to the Sub-Agent), which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelecopier or telex, or by telephone telephone, confirmed immediately by telecopiertelecopier or telex, in substantially the form of Exhibit A hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. 11:00 A.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated Administrative Agent’s 's (or the Sub-Agent's, as the case may be) Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at the office where the Designated Administrative Agent’s 's (or Sub-Agent's, as the case may be) Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)maintained.

Appears in 1 contract

Samples: Credit Agreement (Walt Disney Co/)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in Dollars, by the Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, or by telephone confirmed immediately by telecopier, in substantially the form of Exhibit A A-1 hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing and (iv) in the case of a Borrowing comprised of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIIV, the Designated Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency).

Appears in 1 contract

Samples: Credit Agreement (Walt Disney Co/)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in Dollars, by the Borrower to the Designated Administrative Agent (and, in the case of a Borrowing consisting in Eurocurrency Rate Advances denominated in any Committed Currency, simultaneously to the Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, or by telephone telephone, confirmed immediately by telecopier, in substantially the form of Exhibit A hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated Administrative Agent’s (or the Sub-Agent’s, as the case may be) Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIIV, the Designated Administrative Agent will make such funds available to the Borrower at the office where the Designated Administrative Agent’s (or the Sub-Agent’s, as the case may be) Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)maintained.

Appears in 1 contract

Samples: Credit Agreement (Walt Disney Co/)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 3:00 P.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised (in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars), given not later than 3:00 P.M. (New York City time) on the fourth Business Day prior to the date of the proposed Borrowing (in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Euros), or given not later than 1:00 P.M. (New York City time) on the Business Day of the proposed Borrowing (in the case of a Borrowing consisting of Base Rate Advances), by the Borrower to the Designated Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertransmission by facsimile or electronic communication. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, transmission by facsimile or by telephone confirmed immediately by telecopierelectronic communication, in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, currency and initial Interest Period and currency for each such Advance. Each Lender shall, (i) in the case of a Borrowing denominated in Dollars, before (A) 1:00 2:00 P.M. (New York City time) on the date of such Borrowing or (ii) in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars or Euros, before 9:00 A.M. (B) 1:00 P.M. (London New York City time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBorrowing, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at the office where address of the Designated applicable Agent’s Account is maintained (or to an account Account. Each Notice of Borrowing shall be irrevocable and binding on the Borrower except to the extent conditioned upon the occurrence or non-occurrence of any event specified therein, in the relevant jurisdiction and designated which case such notice may, subject to any amounts payable under Section 8.04(c), be revoked by the Borrower (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not satisfied; provided that Swingline Loans shall be made as provided in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)Section 2.03.

Appears in 1 contract

Samples: Credit Agreement (Becton Dickinson & Co)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 3:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the any Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or electronic mail. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier or electronic mail in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before 2:00 X.X. (A) 1:00 P.M. (New York City Xxx Xxxx Xxxx time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (Corning Inc /Ny)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 12:00 noon (New York City time) on the fourth Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the any Borrower to the Designated Agent (and, in the case of a Borrowing consisting of Eurocurrency Rate Advances, simultaneously to the Sub-Agent), which shall give to each Lender prompt notice thereof by telecopiertelecopier or email. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier or email in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars or (B) 1:00 Dollars, before 2:00 P.M. (London New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Base Rate Advances, and before 9:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency).may be. NYDOCS01/1357750.4

Appears in 1 contract

Samples: Credit Agreement (Xerox Corp)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same second Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by any Borrower to the date Agent (and, in the case of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated in DollarsAdvances, by the Borrower simultaneously to the Designated Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelephone, confirmed promptly in writing or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained ('s address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (Chemtura CORP)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (i) the Effective Date in the case of the proposed Borrowing on the Effective Date, and (ii) in each other case, (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of LIBO Rate Advances denominated or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in Dollarsthe case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Designated AgentAdministrative Agent by telecopier or other electronic transmission, which shall give to each Lender prompt notice (in the case of a proposed Borrowing consisting of Base Rate Advances, by 12:00 P.M. (New York City time)) thereof by telecopiertelecopier or other electronic transmission. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly in writing, telecopier or by telephone confirmed immediately by telecopier, other electronic transmission in substantially the form of Exhibit A B hereto, specifying therein (in the case of any Borrowing on an Increase Option Date, subject to Section 2.17(c)) the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency LIBO Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before 11:00 A.M. (ANew York City time) on the date of such Borrowing, in the case of a Borrowing consisting of LIBO Rate Advances and before 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBase Rate Advances, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated applicable Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, Section 4.2 the Designated Administrative Agent will make such funds available to the Borrower at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower specified in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency).

Appears in 1 contract

Samples: Term Loan Agreement (Royal Caribbean Cruises LTD)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 11:00 A.M. (New York City time) on the fourth Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of Eurocurrency a Borrowing consisting of Base Rate Advances denominated in DollarsAdvances, by the any Borrower to the Designated Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing and Borrowing, (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and (v) in the case of a Borrowing consisting of Eurocurrency Rate Advances, currency for each such Advance. Each Lender shall, before (A) 1:00 2:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained (or to an account of the Borrower specified in the relevant jurisdiction and designated by the Borrower wiring instructions in the applicable Notice of BorrowingBorrowing or, if no account is so specified, at the Agent’s address referred to in the case of Advances denominated in a Committed Currency)Section 9.02.

Appears in 1 contract

Samples: Assignment and Assumption (Jabil Circuit Inc)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by any Borrower to the date Agent (and, in the case of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated in DollarsAdvances, by the Borrower simultaneously to the Designated Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained (address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Credit Agreement (Xerox Corp)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same third Business Day as prior to the date of a the proposed Borrowing comprised in the case of Base a Borrowing consisting of Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 11:00 A.M. 4:00 P.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. 11:00 A.M. (New York City time) on the third Business Day prior date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by any Borrower to the date Agent (and, in the case of a proposed Borrowing comprised consisting of Eurocurrency Rate Advances denominated in DollarsAdvances, by the Borrower simultaneously to the Designated Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopiertelephone, confirmed immediately in writing, or by telephone confirmed immediately by telecopier, telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars or (B) 1:00 Dollars, and before 2:00 P.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Agent at the Designated applicable Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Agent will make such funds available to the Borrower requesting the Borrowing at the office where the Designated Agent’s Account is maintained ('s address referred to in Section 9.02 or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in at the applicable Notice of BorrowingPayment Office, in as the case of Advances denominated in a Committed Currency)may be.

Appears in 1 contract

Samples: Year Credit Agreement (Dentsply International Inc /De/)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in any Committed Currency Currency, or (z) 1:00 P.M. (New York City time) on the third Business Day prior to the date of a proposed Borrowing comprised of Eurocurrency Rate Advances denominated in Dollars, by the Borrower to the Designated Administrative Agent (and, in the case of a Borrowing consisting in Eurocurrency Rate Advances denominated in any Committed Currency, simultaneously to the Sub-Agent), which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”"NOTICE OF BORROWING") shall be by telecopier, or by telephone telephone, confirmed immediately by telecopier, in substantially the form of Exhibit A hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised of Eurocurrency Rate Advances, initial Interest Period and currency for each such Advance. Each Lender shall, before (A) 1:00 P.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated Administrative Agent’s 's (or the Sub-Agent's, as the case may be) Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Designated Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIIV, the Designated Administrative Agent will make such funds available to the Borrower at the office where the Designated Administrative Agent’s 's (or the Sub-Agent's, as the case may be) Account is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)maintained.

Appears in 1 contract

Samples: Credit Agreement (Walt Disney Co/)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency or Dollars, (zy) 1:00 P.M. 11:00 A.M. (New York City time) on the third fifth Business Day prior to the date of a the proposed Borrowing comprised in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in DollarsSterling, or (z) 9:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Designated Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, or by telephone confirmed immediately in writing, and signed by telecopier, a duly authorized officer of the Borrower in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (i) date of such Borrowing (which shall be a Business Day)Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurocurrency Rate Advances, the initial Interest Period and currency for each whether such AdvanceAdvance shall be in Dollars or in Sterling. Each Lender shall, before (A) 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing consisting of Advances denominated in Dollars or (B) 1:00 P.M. (London time) on the date of such Borrowing consisting of Advances denominated in any Committed CurrencyBorrowing, make available for the account of its Applicable Lending Office to the Designated Administrative Agent at the Designated applicable Administrative Agent’s Account, in same day fundsSame Day Funds, such Lender’s ratable portion Pro Rata Share of such Borrowing. After the Designated Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Designated Administrative Agent will make such funds available to the Borrower at the office where the Designated Administrative Agent’s Account is maintained (or address referred to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing, in the case of Advances denominated in a Committed Currency)Section 8.02.

Appears in 1 contract

Samples: Five Year Credit Agreement (Invesco Ltd.)

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